Did you agree that time was of the essence?
What I need to know is whether you agree that time was of the essence?
OK. Does the contract use the words 'time is of the essence'?
Ok. Do you know if they have built anything yet or made any products to your specification?
Well, not necessarily. In fact, probably not. There is no duty to keep people informed at every stage of the way and, in fact, most people would not want to be bothered with information that doesn't help them.
Come what may, time is not of the essence in this contract and anyway actually there has not been an enormous delay here given that planning permission was only granted in the middle of July.
You would struggle to cancel on the basis of delay for that reason.
If you cannot lawfully cancel then you would be liable for the sum of their loss. That would be lost profits and the cost of any item actually made.
I would imagine they would not have started until planning permission was granted as there would be risks in that.
That would mean that only a small amount of work could have been done but you would be liable for it.
You may but I'm afraid that is not a ground to cancel.
If you do try to cancel you would be liable for their losses. There is no realistic prospect of recovering the deposit and you are probably liable for more.
Unless no work has been done upon it.
By producing the barest evidence that they have.
They would get lost profits either way.
They only have to satisfy a judge that it is more likely than not and since permission was granted in July the chances that a court would accept they have done nothing are minimal.
I'm happy to continue with this but please rate my answer.
Well, you can always complain.
But the fact that they haven't done the week in three weeks to a month at most does not mean they are not completely their end of the bargain. It just means they haven't done it yet.